GAUHATI HIGH COURT ISSUES ORDER FOR DIBAKAR DUTTA V/S THE STATE OF ASSAM

GUWAHATI, India, June 7 -- Gauhati High Court issued the following order on May 7:

1. DIBAKAR DUTTA Heard Mr. T.J. Mahanta, the learned senior counsel assisted by Mrs. P. Bhattacharjee, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam.

2. This is an application under Section 401 read with Section 397 of the Criminal Procedure Code challenging the judgment and order dated 05.12.2008 passed by the learned learned Addl. Chief Judicial Magistrate, Golaghat in G.R. Case No.1046/2007 affirmed by the learned Sessions Judge, Golaghat in Criminal Appeal No.01/2009.

3. On 04.10.2007, the four year old girl Nandini Gogoi was crossing the National High Way No.37, a car bearing Registration No.AS-03G-0115 (TATA Indica) driven by the present petitioner, was coming from the direction of Bongaon and going towards Dergaon, had hit the girl on the middle of the National Highway. The baby girl sustained serious injury. She had to be taken to Dibrugarh Medical College & Hospital. But unfortunately, on 05.10.2007, the baby had succumbed to her injuries.

4. Police registered the case being Dergaon P.S. Case No.250/2007 under Sections 279/304-A of the Indian Penal Code. Ultimately, on conclusion of investigation, police filed the charge sheet against the present petitioner under Section 279 and 304-A of the Indian Penal Code.

5. The trial court convicted the petitioner under both the sections of law. The petitioner was sentenced to undergo rigorous imprisonment for 6 months and was directed to pay a fine of Rs. 500/- for each of the said offences.

6. The petitioner preferred an appeal. The appellate court affirmed the judgment of the trial court.

7. Though a revisional court normally does not go through the evidence. But in this case, this Court had to go through the evidence as the petitioner has claimed that there is no evidence in this case to prove that the petitioner was driving the vehicle in a rash and negligent manner. According to the learned senior counsel Mr. Mahanta, there is evidence in this case to prove that the vehicle was driven in an average of speed of 60/70 km. per hour and in a National Highway this speed is less than normal speed of other vehicles. According to Mr. Mahanta, a four year old minor girl without being escorted by anybody crossing a National Highway is a dangerous proposition of fact. Mr. Mahanta has submitted that the vehicle was not driven in a rash and negligent manner.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=T2Oj5Y97nX2tmju2FyqIU9aBpn97e%2FuWtrZRKD4U%2FBn%2FaKy1LYNf47tDSh9xMmHU&caseno=Crl.Rev.P./64/2013&cCode=1&cino=GAHC010233532013&state_code=6&appFlag=)

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